State v. Anderson

Citations

• 201 Conn. App. 21

Syllabus

Convicted of the crimes of assault in the first degree by means of the discharge of a firearm and assault of a peace officer by means of the discharge of a firearm in connection with his actions in shooting at two state marshals, the defendant appealed to this court. State marshals Q and V arrived at the defendant's residence to serve a capias warrant and take the defendant into custody for failing to appear at a court proceeding. Q and V went to the front door of the defendant's residence and were wearing clothing that identified them as state marshals and they displayed badges. V was in possession of the capias warrant and also was wearing a state marshal's hat. When the defendant came to the door, he provided the marshals with a false name. When the marshals confronted him with his photograph and told him that they would be taking him into custody, the defendant reached back and pulled out a gun. V yelled ''gun,'' and Q and V, who were unarmed, retreated, running in opposite directions. Q received gunshot wounds to his left foot and right forearm, while V was uninjured. Bridgeport police officers arrived on the scene and subdued the defendant. The defendant's brother, L, who was at the residence, testified at trial that Q and V were readily identifiable as state marshals and that he did not observe that the mar- shals were armed until one of them stepped into the doorway to grab the defendant. Q and V testified that they heard multiple gunshots as they sought cover. On appeal, the defendant claimed that the trial court improperly declined to instruct the jury on self-defense. Held that the trial court did not err in rejecting the defendant's request for a jury instruction on self-defense; there was insufficient evidence to raise a question in the mind of a rational juror as to whether the defendant shot at Q and V in self-defense, as Q and V were readily identifiable as state marshals and it was undisputed that, at the time of the shooting, the marshals were in f